Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31943
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2145 of 2025 1 - Xyz Nil.
... Petitioner versus 1 - State Of Chhattisgarh Through The S.H.O. P.S. Tikrapara, District Raipur Chhattisgarh. 2 - Ashish Tiwari S/o Shri Shravan Kumar Tiwari, Aged About 28 Years, R/o E.W.S. 1319, Housing Board, Ward No. 16, I.E. Bhilai, Tahsil And District Durg Chhattisgarh.
... Respondents For Petitioner : Mr. Ankit Singh, Advocate. For State/Respondent No. 1 : Mr. Vivek Sharma, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 10/07/
2025
1. The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking a direction from this Court to the trial Court to expedite the trial in Special Session Case No. (ST/SC) 05/2023, which is currently pending before the learned Special Judge (Atrocities), Raipur (CG).
2. The case of the prosecution is that the complainant (XYZ) lodged a written report to the effect that on 10.10.2022, respondent
2 No.2 had committed sexual intercourse with her on the pretext of marriage and thereafter refused to marry her. Based on the said complaint, an FIR was lodged against Respondent No. 2 for the offence under Section 376(2)(n), 506, and 3(2)(V) of SC/ST Act.
3. The learned counsel for the petitioner submits that the incident occurred in the year 2022, and the trial has yet to reach its logical conclusion. He submits that the petitioner has been examined and till date out of 16 witnesses, only 9 have been examined. He further submits that though more than 2 years have elapsed from the date of commencement of the trial, but still remains unconcluded. Therefore, counsel prays for a direction to the trial Court to conclude the trial at the earliest possible time within a stipulated period.
4. I have heard learned Counsel appearing for the Petitioner and perused the documents annexed with the petition including the
order sheets of the Trial Court.
5. Considering the facts and circumstances of the case, particularly the fact that the accused/respondent No. 2 is on bail and out of 16 witnesses, 09 have already been examined including the prosecutrix, I do not find any cogent reason to allow the instant petition.
6. Accordingly, the present petition is hereby dismissed at the motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.